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201300074 Permits which cannot be transferred or encumbered by Trustor without causing a default thereunder or a termination thereof. GRANTING CLAUSE IX Proceeds and Awards. All estate, right, title and interest of Trustor in, to, under or derived from all proceeds of any sale, transfer, taking by condemnation (or any proceeding or purchase in lieu thereof), whether voluntary or involuntary, of any of the Mortgaged Property described above, including all insurance proceeds and awards and title insurance proceeds,now or hereafter relating to any of the Mortgaged Property, all of which Trustor hereby irrevocably directs be paid to Beneficiary to the extent provided hereunder, to be held, applied and disbursed as provided in this Deed of Trust or in the Credit Agreement. TO HAVE AND TO HOLD the Mortgaged Property unto Trustee,its successors and assigns,for the benefit of Beneficiary, its successors and assigns,under and subject to the terms and conditions of this Deed of Trust, and for the security and enforcement of the prompt and complete payment and performance when due of all of the Obligations and the performance and observance by Trustor of all covenants,obligations and conditions to be performed or observed by Trustor pursuant to the Credit Agreement, the Note, and the other Loan Documents. PROVIDED, HOWEVER, that this Deed of Trust is upon the condition that, if Trustor shall pay in full all of the Obligations and perform and observe all such covenants, obligations and conditions,this Deed of Trust shall cease,terminate pursuant to and in accordance with Section 6.02 and,thereafter,be of no further force effect(except as provided in Sections 4.01. 4.02 and 5.06 hereof); otherwise this Deed of Trust shall remain and be in full force and effect. FURTHER PROVIDED,that Trustee and Beneficiary may from time to time release or reconvey all or a portion of the Mortgaged Property, in accordance with the terms and conditions of the Credit Agreement and applicable law. The Trustor covenants with the Beneficiary that Trustor is the owner of a valid and subsisting leasehold interest in and to the Mortgaged Property; that the same is free from all encumbrances,except for the Permitted Liens(hereinafter defined);that Trustor has good right,full power and lawful authority to sell and convey the same to Beneficiary and that Trustor and its successors and assigns, executors and administrators shall and will warrant and defend the same to the Beneficiary and its successors and assigns forever against claims and demands of all persons. TRUSTOR ADDITIONALLY COVENANTS AND AGREES WITH TRUSTEE AND BENEFICIARY AS FOLLOWS: ARTICLE I DEFINITIONS SECTION 1.01. Definitions. Capitalized terms used, but not otherwise defined herein,are defined in,or by reference to the Credit Agreement and have the same meanings herein as therein. -6-